iFish Apps (Canada) Legal Information
Terms and Conditions of Use
The iFish Apps, and all affiliated applications, websites and services (hereby referred to as "iFish Apps") are a licensee of an application that offers a variety of online geo-mapping applications, fishing products, mobile device applications, social networking components--including but not limited to, intra-website message services, picture sharing, discussion forums, community groups- other fishing related products and services, and select promotional offers (collectively, the "Services"). It is not a navigational tool.
(1) AGREEMENT TO IFISH APPS TERMS AND CONDITIONS OF USE
Subscribers, customers, users, agents acting on behalf of third party users, or others who download, use, purchase, subscribe, aggregate iFish Apps Services (collectively or individually "You" "User" or "Users") must do so under the following iFish Apps Terms and Conditions of Use ("Terms and Conditions of UseĒ).
BEFORE USING ANY OF THE SERVICES, PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS OF USE.
BY ACCESSING, BROWSING AND/OR USING THE SERVICES, A USER ACKNOWLEDGES THAT THE USER HAS READ, UNDERSTOOD, AND AGREES TO BE BOUND BY ALL CONSENTS AND DISCLOSURES SET FORTH IN THE IFISH APPS REGISTRATION PROCESS (AND HEREBY INCORPORATED HEREIN BY THIS REFERENCE), ALL OF THE FOLLOWING TERMS AND CONDITIONS OF USE, INCLUDING ANY FUTURE MODIFICATIONS TO THE IFISH APPS TERMS AND CONDITIONS OF USE, AND IDENTIFIED AFFILIATED AGREEMENTS, GUIDELINES AND POLICIES (COLLECTIVELY, THE "AGREEMENT"). A USER IS PROHIBITED FROM USING IFISH APPS OR ITS SERVICES WITHOUT CONSENTING TO THE TERMS AND CONDITIONS OF USE.
(2) MODIFICATION OF THE TERMS AND CONDITIONS OF USE
IFISH APPS AND ITS SERVICES ARE AVAILABLE FOR INDIVIDUALS AGED 13 YEARS OR OLDER. IF A USER IS THIRTEEN (13) YEARS OF AGE OR OLDER BUT UNDER THE AGE OF EIGHTEEN (18) YEARS OF AGE, THEN SUCH USER AGREES TO REVIEW THE AGREEMENT WITH HIS OR HER PARENT(S) OR GUARDIAN(S) TO ENSURE THAT BOTH THE USER AND PARENT(S) OR GUARDIAN(S) UNDERSTAND AND CONSENT TO THE AGREEMENT AND THAT THE USER AND HIS OR HER PARENT(S) OR GUARDIAN(S) REVIEW AND ACCEPT THE AGREEMENT ON THE USER'S BEHALF THROUGH THE IFISH APPS REGISTRATION PROCESS. IF THE READER OF THE AGREEMENT IS A PARENT OR GUARDIAN ENTERING THIS AGREEMENT FOR THE BENEFIT OF A CHILD OVER THIRTEEN (13) YEARS OF AGE, THEN THE USER AGREES AND ACCEPTS FULL RESPONSIBILITY FOR HIS OR HER CHILD'S USE OF IFISH APPS AND THE SERVICES, INCLUDING ALL FINANCIAL CHARGES AND LEGAL LIABILITY THAT SUCH CHILD MAY INCUR.
BY USING IFISH APPS OR THE SERVICES, A USER THEREFORE AGREES, REPRESENTS AND WARRANTS THAT:
HE OR SHE IS THIRTEEN (13) YEARS OF AGE OR OLDER BUT UNDER THE AGE OF 18 AND HE OR SHE HAS REVIEWED AND CONSENTED TO THE AGREEMENT WITH HIS OR HER PARENTS PER THE PROTOCOL SET FORTH ABOVE; OR
HE OR SHE IS EIGHTEEN (18) YEARS OF AGE OR OLDER; AND HAS CONSENTED TO AND AGREED TO THE AGREEMENT.
THIS AGREEMENT CONSTITUTES A BINDING CONTRACT BETWEEN USERS AND IFISH APPS.ALL USERS ACKNOWLEDGE AND AGREE THAT IFISH APPS HAS OFFERED THE SERVICES, SET ITS PRICES, AND ENTERED INTO THE AGREEMENT IN RELIANCE UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH BELOW. USERS FURTHER ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN USERS AND IFISH APPS, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THE AGREEMENT FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE USERS AND IFISH APPS. Any User may view a current copy of this agreement at www.TheAppDoor.com/legal/.
(6) ADDITIONAL GUIDELINES
iFish Apps may require Users to follow additional rules, policies, guidelines or other conditions (collectively the "Guidelines") in order to use particular features, to participate in certain promotions available through iFish Apps, or to receive and/or use other services that iFish Apps may offer from time to time. In such cases, a User may be required to expressly consent to additional terms set forth in applicable Guidelines--for instance, a User might be obligated to check a box or clicking on a button marked, "I agree," (ďClick-Through Agreementí). If any of the terms of a Click-Through Agreement are different than the Terms and Conditions of Use, the terms of the Click-Through Agreement will supplement or amend the Terms and Conditions of Use, but only with respect to the matters governed by the Click-Through Agreement.
(7) OWNERSHIP AND PROPRIETARY RIGHTS
The Services are owned or under license by iFish Apps. The iFish Apps software, content, visual interfaces, information, graphics, design, compilation, computer code, online platform, products, software, services, including, but not limited to, the mobile device applications, and all other elements of the Services (collectively, the "Materials") are protected by copyright, patent, and trademark laws, international laws and conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. The Materials are either the property of iFish Apps or used under licence. All trademarks, service marks, and trade names displayed on the Services are proprietary to iFish Apps. Except as expressly authorized by iFish Apps, any and all Users agree not to sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make unauthorized use of the Materials.
(8) ACCOUNT INFORMATION
iFish Apps may, in its own discretion, suspend or cease to offer the Services to any User. Users agree that the information provided to iFish Apps upon registration and at all other times will be true, accurate, current, and complete. Users also agree that they will ensure that this information is kept accurate and up-to-date at all times.
When a User registers as a member and obtains an account, the User will be asked to provide a password. A User should keep that password strictly confidential at all times. A USER MUST NOTIFY IFISH APPS IMMEDIATELY OF ANY UNAUTHORIZED USE OF THE USERíS PASSWORD OR IF THE USER BELIEVES THAT PASSWORD IS NO LONGER CONFIDENTIAL. iFish Apps reserves the right to suspend a User's account and/or require that such User alter the Userís password if it believes for any reason that such User's password is no longer secure.
(9) PAYMENT TERMS AND CANCELATIONS
A User agrees to pay any fees due for and incurred by their use of the Services that require payment on the part of Users (ďPaid ServiceĒ or "Paid Services"). iFish Apps will administer and apply User payments received for Paid Services via the online billing mechanisms of its affiliated websites in a timely and commercially reasonable manner. Further, iFish Apps reserves the right to terminate a User's access to a Paid Service as result of that User's non-payment of associated charges. If a User wants to discontinue utilization of a Paid Service, then the User may cancel that Paid Service in accordance with the cancellation procedures established in the Guidelines pertinent to that Paid Service.
Certain individuals or vendors (collectively "third party vendors") with whom iFish Apps maintains a commercial relationship may market their own promotions and services on (or through)iFish Apps. To participate in some of those promotions or access some of those services, a User may be required to make payment for the specific service or promotion to the third party vendor that markets that specific service or promotion. iFish Apps is not responsible for the administration or application of any User payments required by any third party vendor for any such select services or promotions.
(10) IFISH APPS USAGE RULES PROHIBITED CONDUCT & USES
A USER UNDERSTANDS AND HEREBY ACKNOWLEDGES AND WARRANTS THAT THE USER WILL NOT:
- use iFish Apps or the Services for any illegal purpose, or in violation of any regulations, conventions, rights, treatise, local, national or international law, including, without limitation, laws governing wildlife and wildlife conservation, intellectual property and other proprietary rights, data protection and privacy, and import or export control;
- use the Services or any personal information or location information displayed on or within iFish Apps to "stalk," harass, abuse, defame, threaten or defraud other Users, or collect, attempt to collect, or store location information or personal information about other Users;
- use the Services or any personal information or location information displayed on iFish Apps to intentionally or unintentionally mislead third parties, including iFish Apps users;
- use the Service or any personal or location information displayed on iFish Apps that intentionally or negligently causes injury to third parties including iFish Apps users;
- use the Services to make negative comments regarding any third parties, including but not limited to iFish Apps, its agents and Advertisers (defined below);
- use iFish Apps or the Services if the User is under the age of thirteen (13) years;
- include offensive or pornographic materials on or in the User iFish Apps or through its Services;
- use iFish Apps or the Services for any commercial or non-private use, it being understood that iFish Apps and the Services are to be employed for personal, non-commercial use only;
- fail to deliver payment for any Paid Services;
- make unsolicited offers, advertisements, proposals, or send junk mail, to other Users of iFish Apps. This includes, but is not limited to, unsolicited advertising, promotional materials or other solicitation material, bulk mailing of commercial advertising, chain mail, informational announcements, charity requests, and petitions for signatures;
- impersonate any person or entity, falsely claim an affiliation with any person or entity, or access the iFish Apps accounts of other Users;
- share iFish Apps account passwords or any other means of access to a mobile account;
- misrepresent the source, identity or content of information transmitted via iFish Apps;
- remove, circumvent, disable, damage or otherwise interfere with: (i) the security-related features of iFish Apps or the Services; (ii) the features of iFish Apps and the Services that prevent or restrict use or copying of any content accessible through the iFish Apps; or (iii) the features of iFish Apps and the Services that enforce limitations on use of the Services;
- intentionally interfere with, or damage operation of iFish Apps or the Services, or any User's enjoyment of them, by any means, including uploading or otherwise disseminating viruses, worms, or other malicious code;
- post, store, send, transmit, or disseminate any information or material which a reasonable person could deem to be objectionable, libelous, offensive, indecent, pornographic, harassing, threatening, embarrassing, distressing, vulgar, hateful, racially or ethnically offensive, or otherwise inappropriate, regardless of whether this material or its dissemination is unlawful;
- post, store, send, transmit, or disseminate any information or material which infringes any patents, trademarks, trade secrets, copyrights, or any other proprietary or intellectual property right of the a third party;
- attempt to gain unauthorized access to iFish Apps or the Services, other accounts, computer systems or networks connected to iFish Apps, or any part of it, through hacking, password mining, or any other means to interfere with, or attempt to interfere with the proper working of iFish Apps or any activities conducted on iFish Apps;
- use any robot, spider, scraper or other automated means to access iFish Apps for any purpose without iFish Apps ' express written permission or bypass iFish Apps ' robot exclusion headers or other measures we may use to prevent or restrict access to iFish Apps or modify iFish Apps in any manner or form, nor to use modified versions of iFish Apps, including (without limitation) for the purpose of obtaining unauthorized access to iFish Apps; or
- sell or transfer or allow another person to access his or her account passwords, profiles, or iFish Apps accounts.
(10) USAGE; REFUSAL OR SUSPENSION OF SERVICE
IFISH APPS RESERVES THE RIGHT, BUT HAS NO OBLIGATION, TO HAVE IFISH APPS' SYSTEMS MONITOR ANY USER'S REGISTRATION OR SOCIAL NETWORKING ACTIVITIES, AS WELL AS ANY USER'S USE OF OR ACCESS TO THE LOCATION INFORMATION AND PROFILES OF OTHER USERS. ACCORDINGLY, IFISH APPS ALSO RESERVES THE RIGHT TO DISABLE ANY USER'S USE OF OR ACCESS TO IFISH APPS, ITS SERVICES, THE PERSONAL AND/OR LOCATION INFORMATION, OR THE PROFILES OF OTHER USERS, FOR ANY REASON AND WITHOUT ANY NOTICE.
A User is solely responsible for the Userís involvement with other Users. iFish Apps reserves the right, but has no obligation, to monitor disagreements between any Users.
iFish Apps does not control the content of User accounts and profiles and does not have any obligation to monitor such content for any purpose. Users acknowledge that they are solely responsible for all content and material, which is provided to iFish Apps.
MOREOVER, IFISH APPS RESERVES THE RIGHT TO REFUSE ACCESS TO ANY USER, FOR ANY REASON WHATSOEVER AND WITHOUT ANY NOTICE.
Certain content displayed on or linked to iFish Apps' affiliated websites namely, third party websites and news headlines (collectively "third party web content") is developed by individuals or merchants over whom iFish Apps exercises no direct control.
iFish Apps does not endorse any third party web content, or the information, material, products, or services associated with third party content.
Furthermore, some Users may find some third party web content to be objectionable, inappropriate, or offensive. iFish Apps therefore does not make any express or implied warranties with regard to the nature of the information, material, products, or services that are displayed or linked by any third party web content.
In addition, User contacts or business dealings with, or participation in the promotions of individuals or merchants found on, or linked by any third party web content exist solely and operate independently as between a User and such individuals or merchants. A User therefore agrees that iFish Apps shall not be responsible for, or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the placement of, or linkage to such third party web content in or on iFish Apps.
(12) USER CONTENT
- the User is solely responsible for the transmission, accuracy, completeness, and publication of that User Content;
- the User controls all of the rights to that User Content and that it neither does nor will infringe or violate the rights of any third party; and
- iFish Apps bears no responsibility, legal or otherwise, for that User Content.
(A) Prohibited User Content
User Content may not contain material that is:
- violates any international, national, local laws, treaties, conventions, regulations, agreement and/or rights including but not limited to wildlife and fishing conservations laws;
- patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group, individual, or entity;
- harasses or advocates harassment of another person;
- exploits any group, individual or entity in a sexual or violent manner;
- contains nudity, violence, or offensive subject matter;
- provides any telephone numbers, street addresses, last names or email addresses of anyone except said User;
- promotes information that a User knows is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libellous;
- is in violation of any international, federal, local fishing, wildlife, conservation and/or aboriginal rights, laws, regulations, agreements, conventions or treaties;
- knowingly misleads any third parties including iFish Apps users;
- violates any intellectual property or other proprietary right of any third party, including User Content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufactured-installed copy-protected devices, or providing pirated music or links to pirated music files;
- involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, or "spamming";
- furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited, violating a personís privacy, or providing or creating computer viruses;
- solicits passwords or personal identifying information for commercial or unlawful purposes from any other iFish Apps member;
- involves commercial activities and/or sales without iFish Apps' prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes;
- includes a photograph of another person posted without that person's consent or, in the case of children under the age of eighteen (18), parental or guardianship consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights; or
- contains a virus or other harmful component.
(B) User Accounts And User Content
A User is responsible for all User Content posted under the User account (the ďAccountĒ) oniFish Apps and for adjusting those account settings, specifically User Privacy Settings, that permit the User to display User Content on the Site.
Posting User Content via the Internet inherently poses the risk of unintended disclosure and access by third parties to said User Content. iFish Apps will make reasonable efforts to prevent User Content from disclosure that exceeds the account settings selected by a User, but iFish Apps cannot guarantee that User account settings will completely protect against some User Content from being viewed or accessed by unintended third parties, and iFish Apps will not be liable for unintended disclosures.
Upon a User's termination of a Userís Account the User may request that iFish Apps completely "purge" the User Account, including the deletion of any and all User Content previously submitted by that User. iFish Apps will in turn undertake reasonable efforts to ensure that a User Account and iFish Apps is completely purged of User Content, subject to the limitation that iFish Apps may not be able to fully delete all User Content, specifically any User Content posted in iFish Apps forums, community groups, on other User pages. iFish Apps therefore directs that a User exercise good judgment when the User posts User Content and refrain from posting sensitive material.
(C) Ownership Rights In User Content
When a User transmits or otherwise supplies User Content to iFish Apps, or otherwise makes User Content available on iFish Apps, the User expressly grants iFish Apps a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to use, reproduce, modify, adapt, publish, display, translate, or distribute such User Content for any purpose, commercial, advertising, or otherwise, on or in connection with iFish Apps or the promotion thereof.
In addition, iFish Apps obtains a royalty-free, world-wide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license to create derivative works from User Content, display User Content, in whole or in part, and/or to incorporate User Content in other works in any form, media or technology, and a User agrees that any "moral rights" in that User Content have been waived. Moreover, when a User posts User Content toiFish Apps, the User authorizes and directs iFish Apps to make such copies thereof as it deems necessary in order to facilitate the posting and storage of the User Content.
The rights held by iFish Apps relative to User Content, as delineated above, are, however, subject to the limitation that should iFish Apps seek to make use of certain User Content--namely a User's image--for explicit commercial or advertising purposes, iFish Apps will make a reasonable effort to secure consent from that User for that specific purpose.
(D) iFish Apps Review Of User Content
iFish Apps does not actively monitor, review, or edit User Content. Accordingly, by consenting to the Terms and Conditions of Use, a User understands and acknowledges that when the User accesses or otherwise uses iFish Apps or select Services, the User may be exposed to User Content from a variety of sources, and that iFish Apps is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. Further, a User must understand and acknowledge that the User may be exposed to User Content that is inaccurate, offensive, indecent or objectionable, and the User agrees to waive, and hereby does waive, any legal or equitable rights or remedies the User may have against iFish Apps with respect thereto.
iFish Apps, however, reserves the right, in its sole discretion, to refuse to publish, edit, or remove any User Content, in whole or part that iFish Apps determines does not comply with these Terms and Conditions of Use; is illegal; or is otherwise undesirable, objectionable, inappropriate or inaccurate. Moreover, iFish Apps is not responsible for any decision, absence of any decision, or delay in the revision or removal of any User Content that iFish Apps determines is unsuitable.
(E) Non-Commercial Purposes
iFish Apps and its Services are made available for your personal, non-commercial use only.
A User may not employ iFish Apps or its Services (other than those Services designed specifically for commercial use) to sell a product or service, or to increase traffic to a User or third party web site for commercial reasons, such as advertising sales. A User may not take the results from a iFish Apps search and reformat and display them, or mirror the iFish Apps home page or results pages on the Userís website. Moreover, a User may not "meta-search" iFish Apps.
If a User is interested in adding any data from iFish Apps and displaying it on the Userís commercial web site, or the Userís personal web site, the User must notify iFish Apps with the URL where the tool will be located. By adding a iFish Apps, a User understands and abides by the Terms and Conditions of Use listed herein.
(F) iFish Apps Content
iFish Apps and the Services contain trademarks, trade names, service marks, copyrighted material concerning fishing and wildlife and other fishing related content, materials, and information owned/licensed by iFish Apps and others (collectively " iFish Apps Content").
(G) Ownership Of iFish Apps Content
iFish Apps is the sole owner/licensee of all iFish Apps Content including all copyrights, trademarks, trade dress, service marks, and other intellectual property rights. A User may not download, copy, or save any iFish Apps Content or any portion of it, for any purpose, except as permitted by select Services (as provided for in the specific Guidelines and Policies relative to those Services), and in the limited cases where a User needs to print a copy of individual screens appearing as part of iFish Apps solely for personal use or records, provided that any logos, marks or other legends that appear on the copied screens remain and are not removed from the printed copy. Except as expressly permitted under these Terms and Conditions of Use and/or certain ancillary Guidelines related to specific Services, a User may not modify, copy, publish, display, transmit, adapt or in any way exploit the iFish Apps Content without the prior written permission of iFish Apps.
(H) User Content Shall Not Include Automated Querying of Route or User Info
A User may not send automated queries of any sort to iFish Apps 's System without express permission in advance from iFish Apps. Note that "sending automated queries" includes but is not limited to:
- using any software which sends queries to iFish Apps to determine how many saved routes or Users iFish Apps has for various queries;
- "meta-searching" iFish Apps; and
- performing "offline" searches on iFish Apps.
(A) No Warranties
THE SERVICES, INCLUDING THE MOBILE SERVICES, AND ANY THIRD-PARTY SOFTWARE, SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH IFISH APPS ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. IFISH APPS, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION IFISH APPS' THIRD-PARTY WIRELESS CARRIER PARTNERS), DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
IFISH APPS AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION IFISH APPS' THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MOBILE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT IFISH APPS OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MOREOVER, IFISH APPS, AND ITS SUPPLIERS AND PARTNERS (INCLUDING WITHOUT LIMITATION IFISH APPS' THIRD-PARTY WIRELESS CARRIER PARTNERS) DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF ANY PERSONAL INFORMATION OR LOCATION INFORMATION OR THE SERVICES IN TERMS OF SECURITY, SAFETY, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. A USER (AND NOT IFISH APPS OR ITS SUPPLIERS OR PARTNERS) ASSUME THE ENTIRE COST OF ANY NECESSARY SERVICING, REPAIR, OR CORRECTION RELATED TO THE SERVICES.
(B) Risk Related Disclaimers
iFish Apps is not responsible for any risks that may result from iFish Appsí Services, applications, products, or information a User learns about through iFish Apps. The User agrees that the User does so at his or her own personal risk, is voluntarily participating in these activities, assumes all risk of injury to himself or herself, and agrees to release and discharge iFish Apps from any and all claims or causes of action, known or unknown, arising out of the Userís use of that iFish Apps Service.
Users are urged to always check in advance for adverse or inclement weather conditions before fishing, and to ensure that any marine watercraft is safe, fully equipped with all required safety equipment. A User should comply with the licensing requirements to operate a watercraft and fish in the Userís jurisdiction.
(C) Miscellaneous Disclaimers
iFish Apps further disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, or operability or availability of any and all information or material provided in connection with, or by the services, any search results generated by or through the services, or displayed and/or presented on its affiliated websites.
iFish Apps also disclaims any responsibility for the deletion, failure to store, misdelivery, late, or untimely delivery of any and all information or material, including iFish Apps content and user content.
A USER UNDERSTANDS AND AGREES THAT WHEN THE USER DOWNLOADS OR OTHERWISE OBTAINS MATERIAL OR DATA, ATIFISHAPPS.COM OR THROUGH ITS MOBILE APPLICATIONS, THE USER DOES SO AT THE USERíS OWN DISCRETION AND RISK. Accordingly iFish Apps disclaims any responsibility for any harm of whatever kind to a User that results from downloading, accessing or sharing any information or material through iFish Apps.
(14) INDEMNIFICATION; HOLD HARMLESS
A User agrees to indemnify, defend, and hold iFish Apps, and its suppliers and partners (including, without limitation, iFish Apps ' third party wireless carrier partners) harmless from any and all claims, suits, actions, losses, costs, damages, and any other liabilities, including attorneys' fees, arising out of or related to (a) the use or misuse of any User's personal information and location information, or the Services generally, (b) use of misuse of any iFish Apps Users on account of any personal information or location information provided by the User (c) any violation of the rights of any other person or entity by User, (c) any breach of any international, national, local laws, treaties, conventions, regulations, agreement and/or rights including but not limited to wildlife and fishing conservations laws (e) any fraudulent or misrepresentation by a User (f) a User's employment of the Services to meet another User in-person or to locate and attend any offline place or event; (g) any act that results in its jurisdiction would constitute a criminal activity.
iFish Apps reserves the right, at a given User's expense, to assume the exclusive defense and control of any matter for which such User is required to indemnify iFish Apps, and said User agrees to cooperate with iFish Apps' defense of these claims.
(15) LIMITATION OF LIABILITY AND DAMAGES
A USER ACKNOWLEDGES AND AGREES THAT UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WILL IFISH APPS, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY PARTNERS (INCLUDING, WITHOUT LIMITATION, IFISH APPS' THIRD PARTY WIRELESS CARRIERS) OR SUPPLIERS BE LIABLE TO ANY USER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, RELIANCE, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING LOSS OF LIFE, PERSONAL INJURY, TORTIOUS CLAIMS OR ECONOMIC LOSS RELATED TO OR RESULTING FROM: (A) THE USE, DISCLOSURE, DISPLAY, OR MAINTENANCE OF A USER'S PERSONAL INFORMATION OR LOCATION INFORMATION; (B) A USER'S ABILITY OR INABILITY TO USE THE SERVICES; (C) THE SERVICES GENERALLY, INCLUDING THE MOBILE SERVICES, OR SYSTEMS THAT MAKE THE SERVICES AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH IFISH APPS OR ANY OTHER USER OF THE SERVICES, EVEN IF IFISH APPS OR AN IFISH APPS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON IFISH APPS OR THROUGH THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY IFISH APPS, THE AFFILIATED WEBSITES, OR THE SERVICES, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED ON IFISH APPS, THE AFFILIATED WEBSITES, THE SERVICES, OR RECEIVED THROUGH ANY LINKS PROVIDED BY IFISH APPS, THE AFFILIATE WEBSITES, OR THE SERVICES.
THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF IFISH APPS OR THE SERVICES OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO IFISH APPS, ITS AFFILIATED WEBSITES OR THE SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW.
Without limiting the foregoing, under no circumstances shall iFish Apps be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, injuries from wildlife and rough terrain, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, or light.
A USER FURTHER AGREES THAT THE LIMITATIONS OF LIABILITY SET FORTH ABOVE WILL SURVIVE ANY TERMINATION OR EXPIRATION OF THESE TERMS AND CONDITIONS OF USE, AND WILL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDNIGLY, THE EXCLUSIONS, AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY IN THEIR ENTIRETY TO A SPECIFIC USER. SAID USER, HOWEVER, AGREES THAT IFISH APPS' LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
iFish Apps strives to respond to Support requests within forty-eight (48) hours after the request is placed electronically at info@TheAppDoor.com or through our feedback support channel.
(17) GOVERNING LAW
The Terms and Conditions of Use shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada, without giving effect to any principles of conflicts of law.
A User agrees that any cause of action related to, or arising under the Terms and Conditions of Use must be commenced within one (1) year after said cause of action accrues. Should a User fail to commence any such action within that one (1) year term, such action is permanently barred.
A User agrees that any action at law or in equity arising out of or relating to the Terms and Conditions of Use or the Services shall be filed only in the City of Edmonton, in the Province of Alberta, Canada and the User consents and submits exclusively to the personal jurisdiction of such courts for the purposes of litigating any such action.
Alternatively, either iFish Apps or a User may demand that any dispute or claim between iFish Apps and said User concerning matters covered under these Terms and Condition Use or the Services be settled by arbitration. If arbitration is demanded by iFish Apps or a User, both parties hereby acknowledge and agree to submit exclusively to the jurisdiction of the Province of Alberta, Canada, in order to resolve the applicable dispute or claim; provided that the foregoing shall not prevent iFish Apps from seeking injunctive relief in a court of competent jurisdiction.
(20) SEVERABILITY AND WAIVER
If any provision of the Terms and Conditions of Use is determined to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions of Use shall not affect the validity and enforceability of any remaining provisions.
Moreover, a provision of the Terms and Conditions of Use may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of any party at any time to require performance of any provision of the Terms and Conditions of Use shall in no manner affect such party's right at a later time to enforce the same. A waiver of any breach of any provision of the Terms and Conditions of Use shall not be construed as a continuing waiver of other breaches of the same or other provisions of the Terms and Conditions of Use.
iFish Apps may provide the User with notices, including those regarding changes to the Terms and Conditions of Use, by email, regular mail, or postings on its affiliated websites. Notice will be deemed given twenty-four (24) hours after email is sent, unless iFish Apps is notified that the email address is invalid. Alternatively, iFish Apps may provide a User legal notice by mail to a postal address, if said postal address was previously provided by said User to iFish Apps or via one of the affiliated websites. In such case, notice will be deemed given three (3) days after the date of mailing. Notices posted by iFish Apps on or via the affiliated websites are deemed given and binding thirty (30) days following the initial posting. You agree to check the www.TheAppDoor.com Site for notices, and that you will be considered to have received a notice when it is made available to you by posting on the Site.
The Terms and Conditions of Use (and any related Guidelines and/or Policies), and any rights and licenses granted hereunder, may not be transferred or assigned by a User, but may be assigned or transferred by iFish Apps without restriction.
Any and all provisions related to or regarding limitation of liability, disclaimers, and indemnification contained in the Terms and Conditions of Use, hereby survive any termination of the Terms and Conditions of Use, or any termination of a User's Account or use of iFish Apps, the Services, or the affiliated websites.
(24) CHANGES IN SERVICES
iFish Apps may modify the Services from time to time, for any reason, and without notice. Additionally, iFish Apps maintains a plenary right to terminate the Services for any reason, with or without notice, and without liability to any User or any third party.
The heading references herein are for convenience purposes only, do not constitute a part of the Terms and Conditions of Use, and shall not be deemed to limit or affect any of the provisions hereof.
(26) ENTIRE AGREEMENT
These Terms and Conditions of Use (and any related Guidelines of the character detailed above) constitute the entirety of the Agreement between iFish Apps and the Users relative to the subject matter hereof and supersedes and replaces all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter.
This agreement was last updated January 14, 2014
The App Door
Edmonton, Alberta Canada
780 466 2535
Or via email to: email@example.com
Personal identification information
We may collect personal identification information from Users in a variety of ways, including, but not limited to, when Users visit our site, register on the site, place an order, subscribe to the newsletter, respond to a survey, fill out a form, and in connection with other activities, services, features or resources we make available on iFish Apps. Users may be asked for, as appropriate, name, email address, mailing address, phone number, credit card information. Users may, however, visit iFish Apps anonymously. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Site related activities.
Non-personal identification information
We may collect non-personal identification information about Users whenever they interact with iFish Apps. Non-personal identification information may include the browser name, the type of computer and technical information about Users means of connection to iFish Apps, such as the operating system and the Internet service providers utilized and other similar information.
Web browser cookies
How we use collected information
QDI / The App Door may collect and use Users personal information for the following purposes:
- - To improve customer service
Information you provide helps us respond to your customer service requests and support needs more efficiently.
- - To personalize user experience
We may use information in the aggregate to understand how our Users as a group use the services and resources provided on iFish Apps.
- - To improve iFish Apps
We may use feedback you provide to improve our products and services.
- - To process payments
We may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service.
- - To share your information with third parties
We may share or sell information with third parties for marketing or other purposes.
- - To run a promotion, contest, survey or other Site feature
To send Users information they agreed to receive about topics we think will be of interest to them.
- - To send periodic emails
We may use the email address to send User information and updates pertaining to their order. It may also be used to respond to their inquiries, questions, and/or other requests. If User decides to opt-in to our mailing list, they will receive emails that may include company news, updates, related product or service information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email.
How we protect your information
We adopt appropriate data collection, storage and processing practices and security measures to protect against unauthorized access, alteration, disclosure or destruction of your personal information, username, password, transaction information and data stored on iFish Apps.
Sharing your personal information
We may use third party service providers to help us operate our business and the Site or administer activities on our behalf, such as sending out newsletters or surveys. We may share your information with these third parties for those limited purposes provided that you have given us your permission.
Third party websites
Users may find advertising or other content on iFish Apps that link to the sites and services of our partners, suppliers, advertisers, sponsors, licensors and other third parties. We do not control the content or links that appear on these sites and are not responsible for the practices employed by websites linked to or from iFish Apps. In addition, these sites or services, including their content and links, may be constantly changing. These sites and services may have their own privacy policies and customer service policies. Browsing and interaction on any other website, including websites which have a link to iFish Apps, is subject to that website's own terms and policies.
Your acceptance of these terms
By using this Site, you signify your acceptance of this policy and terms of service. If you do not agree to this policy, please do not use iFish Apps. Your continued use of the Site following the posting of changes to this policy will be deemed your acceptance of those changes.
This policy was last modified on December 4, 2014
QDI / The App Door
Edmonton, Alberta T6B2L7